Medical Malpractice Attorney for Birth Injuries in Petach Tikva

Medical Malpractice in Childbirth — What It Is and How to Claim Compensation

Medical malpractice in childbirth occurs when a medical team — a physician, midwife, surgeon, or hospital — fails to provide the standard of care expected by law, causing bodily harm to the mother or newborn. In recent years, the number of lawsuits in this field has increased, and experienced legal assistance has become essential to protect your rights.

Common childbirth issues that may constitute malpractice include: delayed diagnosis of fetal distress, improper use of labor-inducing medications, inadequate management of the pushing stage, nerve or tissue injury during surgery, infection or contamination in the postpartum period, or failure to identify and treat complications. Any of these issues can result in permanent damage — such as cerebral palsy, disability, chronic pain, or breastfeeding difficulties.

At Mandelbaum, Gur, Witzman-Gur and Partners, Attorneys at Law, we represent plaintiffs exclusively in medical malpractice lawsuits involving childbirth. Our experience since 2008 includes thorough examination of medical records, consultation with independent medical experts, and vigorous representation before data disclosure, in insurance matters, and in court. We understand the physical and emotional trauma you have endured and are committed to obtaining full compensation for the damages incurred.

Types of Damages for Which a Claim Can Be Filed

When it comes to a birth injury claim, the damage can be physical, psychological, or both. Under Israeli tort law, the victim or parents are entitled to compensation for:

• Direct bodily injuries: Physical harm to the mother (severe tearing, infection, hemorrhage, nerve damage) or to the infant (cerebral palsy, bone fracture, nerve damage, cerebral hypoxia).
• Medical expenses: Additional surgeries, physiotherapy, neurological treatment, psychological therapy, medications, and medical equipment.
• Loss of earning capacity: If the injury prevented the mother from returning to work or reduced her ability to earn, compensation for lost income can be claimed.
• Damage to quality of life: Tort law recognizes compensation for suffering, chronic pain, sleep disorders, depression, and post-traumatic stress caused by negligence.
• Future damages: If prolonged treatment or complications are expected over the years, this can be included in the compensation calculation.

Each case has unique characteristics, and damage assessment depends on medical evidence, expert opinions, and relevant case law.

Filing a Medical Malpractice Claim for Birth Injuries in Petach Tikva

Filing a claim for medical malpractice in childbirth is a multi-stage process that requires careful planning and meticulous documentation. Below is a general description of the steps:

Stage 1: Initial Legal Consultation and Gathering Medical Records

At the first meeting (at no cost), we listen to your story in detail. We ask focused questions to understand the circumstances, the treatment you received, the harm caused, and its impact on your life. We then request all medical documentation from the hospital or physician — birth records, surgical reports, test results, charts, and any relevant document. This request is typically made through data disclosure.

Stage 2: Legal and Medical Review of Documentation

We carefully review all documents and examine whether the treatment provided was in accordance with accepted medical standards. We identify deviations, errors, delays, or decisions that should not have been made. Concurrently, we consult with medical experts who are independent (physicians specializing in gynecology and birth complications) to obtain professional opinions on whether negligence exists and how it is related to the damage.

Stage 3: Damage Assessment and Compensation Calculation

Based on medical opinions, your expenses, and legal assessment, we calculate the expected compensation amount. This includes medical expenses, loss of income, damage to quality of life, and any other expenses incurred. We explain the calculation to you in detail and discuss the options with you.

Stage 4: Notice to Data Disclosure and Approach to Insurance Company

We send a formal notice to the data disclosure at the hospital or to the insurance company bearing the risk. In the notice, we detail the claims, the evidence, and our demand for compensation. The insurance company typically responds within a few weeks with comments or a request for additional information.

Stage 5: Negotiation and Settlement

We conduct negotiations with the insurance company or its legal representative. In recent times, most cases end in agreement or an offer that the parties accept. If the offer is not satisfactory, we discuss the next steps with you.

Stage 6: Filing with Court (if necessary)

If we have not reached an agreement, we file a lawsuit with the District Court in your jurisdiction (in Petach Tikva — the Tel Aviv District Court). The process includes filing a statement of claim, submitting evidence, court hearings, and a judgment determination. This stage may last months or even years, but we will be able to appeal to higher courts if necessary.

Stage 7: Receiving Compensation

Following an agreement or court judgment, the insurance company pays the agreed or required amount. We ensure that payment has been received in full and deposit the funds in a special account if there are other rights holders (such as parents, insurance funds, or public bodies).

Comparison: Medical Malpractice Claims in Birth vs. Other Claims

As can be seen, medical malpractice claims in birth require in-depth medical examination and a longer duration than other claims. This is why it is important to consult with an attorney experienced in this field as early as possible.

Why Choose Mendelboim, Gur, Witzman-Gur and Co. for Medical Malpractice Claims in Childbirth

When choosing a lawyer for a medical malpractice claim in childbirth, you need to know that you are in experienced and committed hands. Mendelboim, Gur, Witzman-Gur and Co. offers several clear advantages:

Legal Experience Over 18 Years

The firm was founded in 2008 by Attorney Keren Mendelboim and has since handled hundreds of tort claims, including medical malpractice claims in childbirth. Our experience is substantial and proven.

Representation of Claimants Only

We represent claimants only in tort law — not hospitals, not physicians, not insurance companies. This means our interest is 100% yours. We have no conflicts of interest.

Personal and Dedicated Approach

In a boutique firm like ours, you are not just a case number. We know you, we understand your situation, and we are committed to achieving the best possible outcome for you.

Free Initial Consultation

We believe every person is entitled to hear a legal opinion. Therefore, your first meeting with us is without any obligation or cost. You can ask questions, hear our opinion, and then decide whether you want to retain us.

Contingency Fee Basis

We work on a contingency fee agreement basis, which means you pay us nothing unless you receive compensation. This means our interest is aligned with yours — we want to secure the highest possible compensation for you.

Connections with Medical Experts

We maintain relationships with independent physicians, gynecology specialists, neurology specialists, and other medical bodies. This enables us to obtain quality medical opinions quickly.

Located in Petah Tikva and Ramat Gan

We are located at a branch in Petah Tikva (Yonit Netanyahu 8) and a branch in Ramat Gan (Donesh 1), making us accessible to residents of the Center and South-Center regions. A personal meeting close to your home is always possible.